Agreements, Conventions and Legal Issues

Transcription

1 CHAPTER 9 Agreements, Conventions and Legal Issues Agreement on Establishing the SAARC Food Security Reserve During the Third SAARC Summit (Kathmandu, 1987), an Agreement on Establishing the SAARC Food Security Reserve was signed. The Agreement, which came into force on 12 August 1988, provides for a reserve of food grains to meet emergencies in Member Countries. The Reserve stood at 241,580 tonnes as of January The SAARC Food Security Reserve Board (SFSRB) comprising representatives from Member Countries meets once a year. The Board normally meets at the same place and time as the Standing Committee, preceding the annual Summit. The Board reports to the Council of Ministers. The main function of the Board is to undertake a periodic review and assessment of the food situation and prospects in the region taking into account factors like production, consumption, trade, prices, quality and stocks of food grains. A special meeting of the Board held in Kathmandu in April 2001 dwelt upon the possibility of instituting more practical measures for facilitating the use of the Reserve during emergencies. 55

2 The Ninth Meeting of the Board held in Islamabad in December 2002 reviewed, amongst others, the implementation of recommendations of the Eighth Meeting of the Board and identified institutions/organizations in Member States to be contacted in case of emergency requirements for withdrawal from the Reserve. Regional Convention on Suppression of Terrorism The SAARC Regional Convention on Suppression of Terrorism signed during the Third SAARC Summit in Kathmandu in November 1987 came into force on 22 August 1988 following its ratification by all Member States. The Convention provides for a regional approach to wellestablished principles of international law in respect of terrorist offences. Under its provisions, Member States are committed to extradite or prosecute alleged terrorists. Regional cooperation is also envisaged in preventive action to combat terrorism through exchange of information, intelligence and expertise. As a follow up to the Convention, the SAARC Terrorist Offences Monitoring Desk (STOMD) has been established in Colombo to collate, analyze and disseminate information about the terrorist incidences, tactics, strategies and methods. 56 The SAARC Legal Experts, who met in Kandy, Sri Lanka in June 1999, while reviewing the progress in the implementation of the regional Convention considered the issue of updating it in the light of developments in the international legal field. They viewed that the Convention provided for an interim regime to cope with international developments in the field.

3 At the Eleventh SAARC Summit in Kathmandu in January 2002, the Heads of State or Government reiterated their determination to prevent and suppress terrorism in all its forms and manifestations and reaffirmed their commitment to the Convention on Suppression of Terrorism. Pursuant to the decision of the Twenty-second Session of the Council of Ministers held in Kathmandu in January 2002, a meeting of Legal Advisors of SAARC Member States in May 2002 in Sri Lanka addressed legal issues of interest to the region in the light of recent developments in the field of suppression of terrorism. The meeting, inter-alia, recognized the importance of enacting enabling legislation in Member States as required by the Convention. Taking into account the SAARC Convention on Terrorism and the qualitative change in the international legal regime following the events of 11 September 2001, the Meeting deliberated on the question of a possible review of the Convention in order to incorporate the recent developments in the international regime to combat terrorism. It was agreed that the objective of such a review would not be to reopen the Convention, but to determine whether any additional instrument, for instance by way of a protocol, was required to supplement the Convention. A meeting of senior officials from Member States assisted by legal experts is to be held in Colombo shortly for this purpose. Regional Convention on Narcotic Drugs and Psychotropic Substances The Convention was signed in Male during the Fifth SAARC Summit in November The Convention came into force on 15 September The Convention calls for the promotion of regional cooperation among Member States in both law enforcement 57

4 and demand reduction. It also provides for measures for mutual legal assistance among Member States in investigation, prosecution and judicial proceedings in respect of drug offences. The SAARC Drug Offences Monitoring Desk (SDOMD) has been established in Colombo to collate, analyze and disseminate information on drug related offences in Member Countries. Cooperation among Drug Law Enforcement Agencies and Officers is being facilitated through short-term activities such as seminars, training courses etc. Since the establishment of the SDOMD, information on drug offences received from Liaison Officers of Member States is being exchanged, collated and analyzed at the Desk. A Joint Meeting of the SAARC Drug Offences Monitoring Desk (SDOMD) and Drug Liaison Officers of SAARC countries held in Colombo in October 2002 reviewed the existing procedures and constraints, and suggested practical measures for enhancing information coverage. Recommendations were also made to work out joint programmes with UNDP, Colombo Plan, JICA and JICWEC to train operational level officials in identifying chemicals including precursors and strengthening SAARC drug control measures. A Workshop on policy formulation in the field of Precursor Control in the SAARC region was held at the Secretariat in August 2001 in collaboration with the United Nations Drug Control Programme (UNDCP). The workshop, among others, urged SAARC Member States to enact exclusive legislation for the regulation and control of precursor chemicals. It called on UNDCP to assist the Governments concerned in drawing up the necessary legislation on request. 58

5 The Meeting of Legal Advisers of Member States in Colombo in May 2002 recognized the need for harmonization of domestic legislations in respect of the Convention. During the Meeting, attention was paid to the aspect of harmonizing the sanction regime. SAARC Convention on Preventing and Combating Trafficking in Women and Children for Prostitution At the Ninth SAARC Summit in May 1997, the Heads of State or Government expressed grave concern over the trafficking of women and children within and between countries. They pledged to coordinate their efforts and to take effective measures to address this problem. They decided that existing legislation in Member States should be strengthened and strictly enforced to simplify repatriation procedures for victims of trafficking. They also decided that the feasibility of a Regional Convention in combating the crime of trafficking in women and children for prostitution be examined by the relevant Technical Committee. The SAARC Convention on Preventing and Combating Trafficking in Women and Children for Prostitution was signed on 5 January 2002 at the Eleventh SAARC Summit in Kathmandu. The Heads of State or Government while welcoming the signing of the Convention expressed their collective resolve to treat the trafficking in women and children for commercial sexual exploitation as a criminal offence of a serious nature. They also recommended that the feasibility of establishing a Regional Fund for Rehabilitation of Victims of Trafficking in Women and Children for Prostitution on a voluntary basis might be explored. The Convention will enter into force upon ratification by all Member States. 59

6 SAARC Convention on Regional Arrangements for the Promotion of Child Welfare in South Asia The Convention was signed on 5 January 2002 during the Eleventh Summit in Kathmandu. The objective of the Convention is to facilitate the development and protection of full potential of the South Asian child, with the understanding of their rights, duties and responsibilities. The Convention will enter into force upon ratification by all Member States. 60 Coordination of Positions on Multilateral Legal Issues The subject of Intellectual Property (IP) received a collective South Asian policy focus for the first time during the Tenth SAARC Summit in Colombo. This was in the context of the Summit addressing the need to evolve collective responses to global economic and financial challenges in general. It was agreed that the Intellectual Property issues needed to be addressed through regional cooperation.

7 WIPO in cooperation with SAARC countries has held four sub-regional forums for Intellectual Property cooperation in Colombo (1998), Kathmandu (1999), Dhaka (2001) and Thimpu (2002). The objectives of these forums were to highlight the importance of Intellectual Property to SAARC countries and its ever-increasing impact on technological, cultural, social and economic progress in the region, to promote and foster closer cooperation and understanding in the field of IP; and to provide an opportunity for consideration of IP issues in the region. The Forums underlined the importance of the continued involvement of SAARC in the field of protection of traditional knowledge, genetic resources and folklore. Intellectual property issues have emerged in a wide range of policy areas, including food and agriculture, biological diversity, protection of environment, cultural policy, and trade and economic development. The SAARC-WIPO Forums have identified the need to harmonize existing national principles and rules within South Asia relating to Intellectual Property protection; to develop common positions and approaches in international forums including WTO; to strengthen decision making, working methods and procedures within the region in the field; and to evolve and harmonize international norms of protection in areas of interest to the region, particularly traditional intellectual treasures. Another important area of focus of the Forums was small and medium-sized enterprises (SMEs). It was recognized that SMEs play a vital role in employment creation, investment and trade, and are a major source of innovation and technological development contributing to the economic growth of countries in the region. The Forums underscored that a 61

8 strong and effective Intellectual Property rights protection regime, characterized by efficient enforcement, would provide a big boost to creativity and innovation. These also appreciated the value of public-private sector cooperation in ensuring enforcement of Intellectual Property rights through an effective inter-agency coordination and multi-disciplinary approach. Protection of SAARC Logo and Nomenclature Pursuant to the decision of the Third Special Session of the Standing Committee held in Colombo in August 2001, the Secretariat has registered its logo and nomenclature with WIPO under the International Convention on the Protection of Industrial Property (Paris Convention) in order to prevent the use of SAARC logo and nomenclature by unauthorized persons, groups and commercial entities. Member States are committed to taking action to prevent the unauthorized use of the logo and the nomenclature of SAARC and the violation of copyrights of its publications. 62